lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
DEKALB COUNTY v. NOBLE et al.
45334.
PANNELL, Judge.
Condemnation of land. DeKalb Superior Court. Before Judge Thibadeau,
In its petition seeking to condemn certain lands for highway improvements, a condemnor alleged that the condemnee owner had executed an option agreeing to sell the property sought to be condemned for a stated sum, but that since the owner and the holder of a security deed could not agree on the distribution of the purchase price, the condemnor decided to condemn. Upon motion, this allegation was stricken from the pleadings and the condemnor appealed. Held:
v. Musgrove, 112 Ga. App. 801 (5) (146 SE2d 550)); and for the further reason that an unaccepted offer to buy or sell property is not admissible to prove value. State Hwy. Dept. v. Hilliard, 114 Ga, App. 328 (2) (151 SE2d 491). Even should we consider this offer by the condemnee to the condemnor an admission by the condemnee as to value, it is an admission only to the extent that acting under compulsion (see the above cases) he was willing to sell for that figure. This evidence under the above decisions, would not be evidence of market value. It follows, therefore, that since the evidence of the option to purchase the property sought to be condemned given by the condemnee to the condemnor at a stated price, would not be admissible on the trial of the case, there was no error in striking the pleading of such evidence from the petition for condemnation.
Mose S. Hayes, for appellees.
George P. Dillard, Herbert O. Edwards, Robert E. Mozley, for appellant,
SUBMITTED MAY 5, 1970 -- DECIDED JULY 13, 1970 REHEARING DENIED JULY 30, 1970 -- CERT. APPLIED FOR.
Friday May 22 16:40 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com